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California
Supreme
Court
Rules
On
Parolee
Searches
10/02/98
Kris
Lotlikar
A ruling this week by the California
Supreme Court leaves prison parolees open to searches for drugs or other
evidence even when there is no reasonable suspicion of wrongdoing.
The relating case involved Rudolfo Reyes, who in 1995 had been recently
released from prison. His parole agent at the time had contacted
the Woodlake police and asked them to check to see if Reyes was under the
influence of drugs. The officers visited Reyes and reported that
he didn't appear to be on drugs. A search of a near by shed found
a small amount of methamphetamine.
Reyes pleaded guilty, but
the appeals court overturned the conviction because the officers searched
the shed with no reasonable suspicion of drug use. On Monday, by
a vote of 4-3, the California Supreme Court justices reversed that
decision, hoping to discourage
crime by parolees. While Deputy Attorney General Joel Carey, who
specializes in search and seizure, did not return our call, he was quoted
in the Fresno Bee saying, "It's helpful to keep parolees on
their toes by knowing they
can be searched at any time, except for purposes of harassment."
Catherine Campbell, a criminal
defense attorney from Fresno, questioned the effect this will have on parolee
crime, stating that 80% of parolees end up back in prison on mere parole
violation itself, adding "and now it's going to be worse," in comments
given to the Fresno Bee. Parolees are felons released from prison
who undergo supervision for three to five years.
Marty Borderick, the executive
director of Californian Attorneys for Criminal Justice, was concerned with
the ruling's undermining of individual rights. Borderick told The
Week Online, "I think it is an outrageous attack on the constitution.
When paroled one does not lose the right to constitutional protection."
The implications expand beyond just the rights of the parolees. With
over 100,000 Californians living in society while on parole, other citizens
will also be subject to searches without a warrant or reasonable suspicion.
"Parolees often live with family members, who will often be subject to
unreasonable searches," said Borderick.
-- END --
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Issue #61, 10/02/98
DRCNet Passes 7,000 Mark, Eyegive Revenues Soaring | New Jersey Needle Exchange Busted Again | DRCNet Hits the Airwaves with Syndicated Weekly Program | McCaffrey Seeks Expansion of Methadone Treatment | Senate Mulls Whether to Prohibit Possession of Large Amounts of Cash by Travelers | Police Corruption in UK at "Third World Levels" | Hemp BC and Cannabis Cafe Raided Again, City Council Hearing Postponed | California Supreme Court Rules On Parolee Searches | Imprisonment for Legal Cooking Herbs in Oklahoma | Report from Oregon | Editorial: General McCaffrey Stands Up for Methadone Maintenance -- What Does He Want, a Medal?
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